From prestonh@home.com Thu Oct 28 22:32:37 1999 Received: from mxu4.u.washington.edu (mxu4.u.washington.edu [140.142.33.8]) by lists.u.washington.edu (8.9.3+UW99.09/8.9.3+UW99.09) with ESMTP id WAA38112 for ; Thu, 28 Oct 1999 22:32:36 -0700 Received: from mail.rdc1.wa.home.com (imail@ha1.rdc1.wa.home.com [24.0.2.66]) by mxu4.u.washington.edu (8.9.3+UW99.09/8.9.3+UW99.08) with ESMTP id WAA08847 for ; Thu, 28 Oct 1999 22:32:35 -0700 Received: from C931275-A ([24.0.234.36]) by mail.rdc1.wa.home.com (InterMail v4.01.01.00 201-229-111) with SMTP id <19991029053234.SASR16527.mail.rdc1.wa.home.com@C931275-A> for ; Thu, 28 Oct 1999 22:32:34 -0700 X-Sender: prestonh@mail X-Mailer: QUALCOMM Windows Eudora Pro Version 4.0 Date: Thu, 28 Oct 1999 22:34:14 -0700 To: indknow@u.washington.edu From: "Preston D. Hardison" Subject: Proposed IK IPR Regime in Peru Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Message-Id: <19991029053234.SASR16527.mail.rdc1.wa.home.com@C931275-A> From: GRAIN Los Banos BIO-IPR docserver bio-ipr@cuenet.com Indecopi Press Notes PROPOSED REGIME FOR THE PROTECTION OF TRADITIONAL KNOWLEDGE PUBLISHED Indecopi will create a new intellectual property registry to give commercial value to traditional knowledge. The proposal is submitted for public debate until 20 December. Indecopi, together with the Ministries of Agriculture, Promudeh [Ministry for the Promotion of Women and Human Development] and Fishing, published today in the official journal, "The Peruvian", a working document containing legislative proposals to create a Regime for the Protection of Collective Knowledge of Indigenous Peoples and a Regime on Access to Genetic Resources. Both proposals grant intellectual value to the knowledge of thousands of communities existing in the country and to genetic resources, thereby creating the possibility to secure economic benefits from the commercial use of these resources. Both proposals are hereby submitted to the public for discussion until 20 December. Over this period, comments of interested parties will be collected and incorporated into a final text which will be sent to the Council of Ministers and, finally, to Congress. The working document was prepared by a technical group from Indecopi following a consultative process in which 16 public and private institutions participated, including communities themselves. Project on communities One of the objectives of this project is the creation of new intellectual property rights (IPR) in the framework of international treaties to which Peru is committed. Through these new rights, the traditional knowledge of thousands of indigenous peoples will be registered and therefore can be recognised whenever it is used commercially by researchers or pharmaceutical laboratories, be they national or foreign. Additionally, the creation of this new IPR registry will allow not only specifically entitled groups to benefit from the commercial use of their traditional knowledge, but all communities. For this, the document proposes the establishment of an Indigenous Peoples' Development Fund (FONDEPI). The Fund will be administered by the communities themselves under the supervision of Indecopi and will support the development of indigenous peoples by financing projects. A percentage of all sales resulting from the commercial use of traditional knowledge will go the Fund. Project on genetic resources Access to genetic information will be regulated through an administrative procedure. The objective is to give the State a fair share of the benefits derived from access to these resources, which are the heritage of the State. The working document proposes the creation of a National Committee on Genetic Resources (CONARGE) as competent authority to grant access to genetic resources and to sanction illegal activities in this respect. The document also proposes the creation of a Genetic Resources Conservation and Development Fund (FONDEREG) which shall promote the conservation and commercial use of these resources, within the established legal framework. Mechanisms to compensate communities and the State for the commercial use of knowledge and genetic resources [table] -- First payment -- Collective Knowledge * Free agreement between parties * Goes directly to the Community Genetic Resources * 5% of the value of the transaction between the provider of the resource and the recipient * Goes to the Genetic Resources Conservation and Development Fund (FONDEREG) -- Second payment -- Collective Knowledge * 0.5% of sales, resulting from commercial use * Goes to Indigenous Peoples' Development Fund (FONDEPI) Genetic Resources * 2.5% of gross profit margin from commercial use * Goes to FONDEREG -- Administrator of Fund -- Composition Administrative Committee * Indigenous Peoples and * Specialised national entity National Committee on Genetic Resources (CONARGE) * Ministry of Fisheries * IMARPE * Ministry of Agriculture * INRENA * INIA -- Technical Secretariat -- PROMUDEH leads INRENA National Competent Authority * INDECOPI (creates new registry) * CONARGE (to be created) Source: Indecopi Lima, 21 October 1999 _________________________________________________________ ABOUT THIS LISTSERVER -- BIO-IPR is an irregular listserver put out by Genetic Resources Action International (GRAIN). Its purpose is to circulate information about recent developments in the field of intellectual property rights related to biodiversity & associated knowledge. BIO-IPR is a strictly non-commercial and educational service for nonprofit organisations and individuals active in the struggle against IPRs on life. The views expressed in each post are those of the indicated author(s). ABOUT GRAIN -- For general information about GRAIN, kindly visit our website http://www.grain.org or write us at . .